The Portland daily press., 1887-03-11

whether honest or not and compelling him
| pay heavy costs to secure his release.
| The law is drawn with great care. al
| comprises % sections. The following is ii
| substance of its provisions:
| Sect. 1st provides that ''no executions issued
/ Judgment founded on contract or on q pri
judgment on contract shall run against the bot
OF the Judgment debtor except as provided in III
bill, or unless the debtor was arrested on ii
original writ as provided in section 2, of chapt
1lS OF the revised statutes
seer. provides that the owner of an unsatsfis
debtors business.
Sections 3, A, 8, and 6 provide the manner
wncn such owner or his attorney may obtain
I0ie magistrate such disclosure. The magi
tate trate may be 1sdge OF probate, register Of pr
Date or disclosure commissioner.
sect. provides that when the debtor appeal
peiore the magistrate the petitioner may propos
70 rne debtor any interrogatories pertinent to Ii
INQUIRY, and they shall be answered in writin
signed and sworn to by the debtor
sect. provides for the administration of th
oatn oatn prescribed bo section 80 of chapter 113
lne revised statutes, If the magistrate believe
tne disclosure to be true and to contain nothin
inconsistent with his taking the oath.
.. 9@ec. sec provides how cert 'in property belongin
20 20 tne debtor, not exempted by statute from a
tachment, may be appraised by the magistrate /
satisfy the debt, cost and charges.
Sec. 10 provides that il the petitioner is absent
OF uoes not accept such appraised property, tn
debtor shall deposit with the magistrate write
assignment TO the petitioner, Of all the propert
mus appraised and set off, and cause such proI
erty TO be safely kept and secured for the term q
tnlrty days thereafter to be delivered to the pet
TONER with the assignment on demand, wfthi
that time. If not so demanded, they shall be re
Sec. IL provides that if an execution debtor dis
closes real estate liable to be seized on execution
the MAGISTRATE shall give the petitioner certif
Sec IL provides that If personal estate liable /,
be seized on execution is disclosed the pettionel
shall have lien on It for thirty days, and ii dis
posed OF during that time by the debtor, the peti
TONER may recover in an action against him, anC
any execution on Judgment In such action shal
run against the bodies. of the debtor and othel
person so aiding, but the payment thereof will bt
a satisfaction of the original debt.
Sec. Is provides that If there Is reasonable
cause TO believe that any other person holds any
property or credits of the debtor in trust for MIN
or IN fraud Of his creditors, such person may be
summoned by subpoena TO appear and testify in
reiston thereto and If It appears that property is
same TO be enforced by bill in equity or trustee
process, and II such property Is found the court
may order = to be conveyed, transferred OF
assigned TO the petitioner.
Sec. IA provides that If the debtor or any 9th or
person duly served with snbponea as above pro
vlaed, refuses or negiects TO appear, the magis-
trate snail issue capias to bring said debtor or
other person before him, and may adjudge such
debtor or other persoh to be in contempt, and
snail order hm to pay the costs Of issuing and
committed to jail until paid.
Sec. 10 provides for Imprisonment when the
SuDp0eOa
refuses to testify or answer any proper questions
Sec. 16 says that the magistrate "for cause
si SHOWN by either party may adjourn from time to
Sec. IL specifies that after the examination of
tne debtor other competent evidence may be in
:, tfoauced Dy either party, and the debtor may
lnen De 1uftner examinined
!, Sect. 10 provides that Sec. 81 OF Chap 1l3 Of
der this act. -
Sect. 10 says that 'safter the oath mentioned in
Sec. q OF this act is administered and the properly
disclosed Is secured, and the debtor has COMPLIED
with all proper orders of such magistrate, certi
ncate OF tne TACT OF such disclosure shall be en-
dorsed by the magistrate under his hand and seal
on the execution issued upon the. judgment upon
winch the disclosure Is had, and copy of said
execution issued on said judgment, or on any
judgment founded thereon, and the body of the
debtor shall thereafter be forever free from arrest
sections IL and Is Of this act"
), Sec. 20 provides that If upon such disclosure
the debtor fails TO obtain the benent of the ath
provided for IN section 8, the magistrate shall up
der his hand and SEAL indorse certificate Of In at
TACT upon the execution in force at the time of
sucn disclosure, and copy of said certificate
ssued on said Judgment or on any Judgment
lounded thereon, and such subsequent execution
snail run against the body of said debtor. The
shall also issue a capias under his
land and seal and annex the same to said execu-
Ion IN force at the time of such disclosure, and
.ne e. DEBTOR may be arrested and imprisoned on
,utlons issued in actions of tori.
Sec. q provides that. if the debtor fails TO ap-
pear ana submit himself to examination wheu
his default may be recorded and like
proceedings had as in Section 20.
Sec ~ says that ''when a debtor is arrested
upon said capies and execution, or upon any sub
'equent execution upon which copy of either Of
he certincates required by sections 20 and 2l
las been lndorsed, all subsequent proceedings
'est or Imprisonment on execution in actions of
ort, but If said debtor fails to obtain his dis
'harge at any subsequent examination before
second time disclose before such Justices. hut
may tnreaiter oIrs Apply 70 justice e. the su2res
Sec. % says that "the Commissioner shall be
entitled to 20 cents for each subpoena, rs cents
or caplas, 70 cents for certificate, and 50 for
imony, and for entering default 81. The fees of
)ficers shall be the same as for service Of other
process Of similar nature. The petitioner may, II
ne magistrate authorizes it, procure an oficer to
De in attendance during the proceedings, and the
ees for such attendance shall be rs cents day
1.-The I, above fees shall be paid BY the petitioner,
ered, shall be added to the costs on the Judgment
md execution. and taxed in detail thereon BY the
In ease said oath is not administered
% the debtor, the petitioner shall recover his
lstice.
Sec; "a provides that no debtor who has dis
'losed upon mesne process before Judgment or
lpon any execution shall be required to disclose
lnder the provisions Of this act upon the same
Judgment founded thereon, and debtor who has
)nce been examined upon judgment under this
ict shall not be required to again submit himself
% examination under this act upon this judgment
'r upon any Judgment founded thereon.
Sec. 20 provides that any magistrate who has
1nce refused to administer to the debtor the oath
lamed In Section 8, shall be incompetent to sit as
Justice OF the peace or quorum or commissioner
lnder Sec. 46 of Chap. 113, of the Revised
statutes.
Sec. 26 provides that any disclosure commits
i sec 81 of chap. lis of the Revised Statutes
mall have power to perform the duties required
)y this act.
Sec. 81 provides that this act shall not apply to
my existing contract, pending action or existing
Judgment.
Sec 2sprovides that no application or subpoena
,r for circumstantial errors or mistakes when the
person In the case can be rightly understood
such errors and mistakes may be amended on
motion OF either party.
The Portland Municipal Court Mat.
ter.
The Judiciary committee have not reported
on the matter of fees in the Portland NUM-.
lpal Court yet but will report tomorrow
1t is understood that they will
not report the bill scaling down all the fees,
but will instead report bill fixing the salary
Of the recorder at $1700 year. Out of this
ne must pay his clerk hire. The posting of
ibels will be part of his duty and for it
ne VIII get no extra compensation.
Boston and Maine Beaten.
No monopolies" was the cry in tbs House
this afternoon, and the way they put out of
the way the bill to consolidate the Boston
Maine and Portland & Rochester and
other railroads caused surprise and conster-
nation to the friends of the measure. The
bill was on the table at the call of Mr.. Hor-
rigan of Biddeford. When he called it up
today, Looney of Portland, and Engel of
Bangor, We're ready to join him in leading
the opposition to it. Mr.. Pattangall was
with them to. The cry was mo consolida-
Messrs. Allen, Clark of Calais. and Moore of
Deering, defended the bill, but to no pur-
pose. 1t was indefinitely postponed by a
vote of "a to 80, and then motion to recon-
slider was voted down, thereby clinching the
vote. These are the yeas and nays on the
motion to indefinitely postpone:
YEAs-Messrs. Alden, Alexander, Aver, Barker,
Beal, Billings, Bishop, Bowker, Boynton, Bra
dish, Bradley, Brown, Burns Carleton, Clark of
Caribou, Clark of Saco, ,lCloutier, Condor, Doten,
Hamilton of Cumberland, Harrington % 'i Hayden, i
Hersey, Hodgkins, Horrigan, Hunter Jones, Jor-
dan, Judlxins, Kingsbury, Littlefeld of Prospect,
Lombard, Looney, Lufkn, Lyons, Marble, Ma
ers, Pray, Purington Of Bowdoinham, Purinton
of Bowdoin, Kicker, Roberts of Brunswick, Rus.
sell, Ryder, Seaman, Scott, Shaw, Silsby, Small,
Sylvester Vaughan, Walton, Warren Of Wins
low, Waugh, Wentworth, Weymouth, WhitmOre,
Widber, Wiggin, Wiley, Wilson, Wltham, Wright,
IA.
NAys-Messrs. Allen, Bennett,F Chase of Dam
arisc0tta, Chase OF Edgcomb, Clark Of Calais,